The Madras High Court has imposed a fine of Rs. 50,000 on a owner of a three-storied commercial building, located in Pallavaram here, for grossly violating the approved sanction plan, besides directing the authorities concerned to raze down the violated portion of the building.
A Division Bench of Justices Huluvadi G. Ramesh and S. Vaidyanathan passed the directions while dismissing the plea moved by the owner – M.A.M. Hayath seeking to forbear Cantonment Board authorities of St. Thomas Mount from either sealing, removing, damaging or demolishing any portion of the building situate at Ranganatha Mudali Street, C.Pallavaram.
According to the petitioner, the Chief Executive Officer (CEO) of the Board passed an order on August 8 to demolish a portion of his building without giving him any opportunity and without considering the objections made by him.
“When an appeal on the order is pending before the higher official, the CEO came to the petitioner’s office on August 23 and informed him that they are going to demolish the building within a week. Left with no other remedial measure, the petitioner has approached this court,” said petitioner’s counsel.
Opposing the contentions, the authorities submitted that the petitioner has obtained approval only to construct 3,549.05 square feet of building, which includes ground floor to an extent of 2,396.15 square feet and first floor to an extent of 1,152.90 square feet. But the petitioner has constructed the building with violation to an extent of 7,727.08 square feet, the official added.
“In spite of three notices issued to the petitioner on January 4, February 2 and on March 21 respectively under the provisions of the Cantonments Act, 2006, informing him to demolish the said building within a specified period, the petitioner paid no attention to the same. Hence, according to the petitioner, the contention that he was not given any opportunity cannot be accepted,” the official said.
Recording the submission and citing various decisions of the court against unauthorised constructions, the Bench directed the authorities to demolish the violated portions.
The owner of a three-storied commercial building, located in Pallavaram, was asked to pay Rs. 50,000
